Yenik v. Commissioner of Social Security

12-2850-cv
Yenik v. Commissioner of Social Security
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT.
CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS
PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE
PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A
SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST
CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH
THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER
MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the
Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the
12th day of June, two thousand thirteen.
Present:
RALPH K. WINTER,
PETER W. HALL,
Circuit Judges,
WILLIAM K. SESSIONS III,
District Judge.*
____________________________________________________
Joseph P. Yenik, Jr.,
Plaintiff–Appellant,
v. No. 12-2850-cv
Commissioner of Social Security,
Defendant–Appellee.
____________________________________________________
FOR APPELLANT: SCOT G. MILLER, Coughlin & Gerhart, LLP, Binghamton, NY.
*
The Honorable William K. Sessions III, of the United States District Court for the District of
Vermont, sitting by designation.
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FOR APPELLEE: MICHELLE LYNN CHRIST, Special Assistant United States Attorney,
(Stephen P. Conte, Regional Chief Counsel, Social Security
Administration, of counsel), for Richard S. Hartunian, United
States Attorney for the Northern District of New York, Albany,
NY.
____________________________________________________
Appeal from a judgment of the United States District Court for the Northern District of
New York (Homer, M.J.).
UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED, and
DECREED that the judgment of the district court be and hereby is REVERSED and the case is
REMANDED to the district court with instructions to vacate the decision of the Commissioner
and to remand the matter to the Commissioner for further proceedings consistent with this order.
Plaintiff–Appellant Joseph P. Yenik, Jr., appeals from the final judgment of the United
States District Court for the Northern District of New York (Homer, M.J.) entered May 10, 2012,
which affirmed the December 14, 2010 final decision of the Commissioner of the Social Security
Administration to deny Yenik disability benefits under the Social Security Act. We assume the
parties’ familiarity with the underlying facts, the procedural history, and the issues presented for
review.
In conducting our plenary review, see, e.g., Pratts v. Chater, 94 F.3d 34, 37 (2d Cir.
1996), it became apparent that the administrative record also contains medical records related to
one Joseph Yenik, Sr. The ALJ’s opinion does not make clear the extent to which he relied on
this evidence in assessing Joseph P. Yenik, Jr.’s eligibility for disability insurance benefits. The
record is clear, however, that the ALJ was not cognizant of the fact he was considering medical
records bearing on the condition of a person different from the applicant before him. Moreover,
throughout the proceedings leading up to and continuing after the ALJ hearing, neither the
applicant, nor the Appeals Council, nor the attorney for the Commissioner arguing this appeal,
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nor even the district court was aware that an inaccurate, and for all we know incomplete, medical
record formed the basis for the Commissioner’s adverse determination. Accordingly, this matter
will be remanded to the Commissioner (1) to excise from the administrative record such
evidence that pertains to persons other than Joseph P. Yenik, Jr., and, (2) at a minimum, to
compile, or cause to be compiled, accurate and up-to-date medical evidence pertaining to Joseph
P. Yenik, Jr. and to undertake a new evaluation of Mr. Yenik, Jr.’s eligibility for disability
insurance benefits based, inter alia, on such evidence. We do not address the merits of Mr.
Yenik, Jr.’s arguments briefed on appeal and instead leave those issues to be considered in the
first instance by the Commissioner on remand in light of the complete, accurate, and updated
medical records and such other evidence as may be presented at that time.
For the foregoing reasons, we REVERSE the judgment of the district court and
REMAND the case to the district court with instructions to VACATE the December 14, 2010
decision of the Commissioner and REMAND the case for further administrative proceedings
consistent with this order.
FOR THE COURT:
Catherine O’Hagan Wolfe, Clerk
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